Rental Terms and Conditions
1. Conclusion of a contract
1.1 Our terms and conditions of hire apply for all the quotes we submit and for all contracts entered into in which we undertake to hire out goods. The Hirer's terms and conditions shall only apply in those cases in which we have expressly confirmed them in writing. The version of our general terms and conditions of business in force at any time shall apply as a subsidiary-ranking supplement. Our general terms and conditions of business shall apply for consumable articles or purchase articles not rented also supplied consumption or consumables in the same way as the provisions of 1.1 to 1.4.
1.2 Assurances and agreements with our staff, specialist consultants and representatives are subject to our express written confirmation.
1.3 A contract shall only materialise once we have confirmed it in writing or when rental equipment is fetched or supplied.
1.4 A contract shall only consist of what is committed to writing in our order confirmation unless the Hirer objects to them straight away. Verbal side agreements or amendments or supplements shall be subject to our written confirmation.
1.5 Separate agreements recorded in written order confirmations shall take precedence over these terms and conditions of rent. The version of our general terms and conditions of business in force at any time shall apply as a subsidiary-ranking supplement.
2. Duration of the rental period
2.1 The rental period shall begin on the day on which the materials are collected or on which the rented materials are collected. If the materials are collected or supplied later than agreed for reasons for which the Hirer is not to blame, the day on which the goods are to be made available in accordance with the contract shall be regarded as the first day of the rental contract.
2.2 The rental period shall end on the day on which the rental equipment is returned in accordance with the contract to a PASCHAL store agreed in advance. If the return transport is agreed by the Hirer, the Hirer shall have to notify Paschal of the desired end of the rental period at least three working days in advance by fax, otherwise the third working day after the receipt of the availability of the goods by the Hirer shall be regarded as the last rental day. For the return of part-deliveries the rental period shall only be regarded as having ended for that part of the material returned. The rental period shall end for rented material which is purchased on the agreed day of the materials being taken over as a result of purchase.
2.3 The day of hand-over and the day of return shall be regarded as full rent days.
2.4 If a fixed rental period or a minimum rental period has been agreed, the rent for the agreed duration of the contract is consequently to be paid for the agreed duration of the contract even if the goods are returned prematurely. The minimum rental period shall be one month unless an agreement is made to the contrary in writing.
2.5 If the agreed fixed rental period is exceeded the rent shall increase by a proportion of the monthly rent depending upon the number of days concerned.
2.6 Non use or partial use shall not entitled the Hirer to reduce the rental duration or the rent. This also includes downtimes, which are caused as a result of bad weather or other circumstances for which the Hirer is not to blame.
2.7 The reference period "Month" shall always apply as 30 calendar days.
3. Rental prices, Invoicing the rent and Payment
3.1 All prices are stated in Euro. If the tenant does not pay in the invoiced currency, he owes the equivalent value in Euro which corresponds to the total invoice amount in the invoiced currency as per the banking exchange rate applicable at the time of payment plus bank charges.
3.2 The rents shall in any case apply ex Works Steinach from the PASCHAL store named in the rental contract confirmation. The rent does not include packing, loading, transport, unloading, installation and assembly, dismantling or the costs for cleaning and repair. It does not include the costs of insurance and statutory value added tax. In so far as we render additional benefits, we shall invoice the costs or expenses incurred for this on the day on which the benefit is rendered. Value added tax shall be payable at the rate
in force at that time.
3.3 The non-recurrent basic rent, the first month's rent as well as the costs for any pre-assembly work which may have to be carried out on site and if necessary outward bound transport shall be invoiced at the beginning of the rental period. Subsequent rental payments shall be invoiced at the beginning of each subsequent month in advance. The reference period "Month" shall always refer to a period of 30 days.
If nothing different has been expressly stated, the rental prices offered are standard prices per unit of the respective rental property per day of the term of lease.
3.4 Rent invoices are to be paid straight net within 8 days from the date of invoice in full. A discount for prompt payment shall not be allowed. The same terms and conditions of payment shall apply for transport costs, customer services, and the costs of repairs and cleaning. Drafts will not be accepted for rental transactions.
3.5 If the Hirer falls into arrears of more than 8 days for a due payment, the Paschal shall consequently be entitled to serve extraordinary notice of termination with immediate effect and to demand that the rental items are returned immediately or to dismantle and collect them back at the Hirer's expense. The same shall apply if an application is made to instigate bankruptcy or composition proceedings on the Hirer's assets, the Hirer is faced with, or suffers from, financial collapse, if compulsory proceedings are taken for the enforcement of a judgement, or if the Hirer is in breach of important contractual obligations. The Hirer cannot make Paschal liable for any disadvantages or costs he accrues as a result of extraordinary notice of termination being served. Default shall also entitle Paschal to withdraw from contracts not yet fulfilled or to refuse performance without setting a subsequent period. Paschal's claim to compensation for damages shall remain.
3.6 The precondition for our obligation to render goods and services is that the other party to the contract is creditworthy. If we receive information prior to the contract being signed or afterwards, which substantiates doubts in the solvency of the Hirer, or if payments due not being paid in spite of written payment reminders being sent out, we shall be entitled to demand payment in advance or to withdraw from the contract.
3.7 Rights of retention, reduction and compensation may only be asserted if the rights claimed by the hirer are recognised by us or have been legally established against us. If the hirer is a consumer (Clause 13 BGB [German Civil Code]) rights of retention, reduction and compensation may only be asserted if the hirer has advised of this in writing in advance with a notice period of at least one calendar month.
3.8 The Hirer may only assign claims, regardless of whatever type, against us to third parties with our written consent.
3.9 The Hirer shall not be exempted partially or completely from paying the rent if as a result of personal or other circumstances for which he is liable under this contract, (Cf. for example 2.1 -2.6, 5.1 -5.2) or which are otherwise to be attributed to his sphere of risk, he is prevented from using the rented goods in accordance with the provisions of the contract.
4. Rental equipment, Warranty and Paschal's liability, Delivery
4.1 Offers for rental arrangements shall be subject to change without notice, and shall be made subject to availability. Paschal may replace parts offered with other parts having the same purpose. This shall also apply in the event that material lists have already become part of a written order confirmation.
4.2 Rental equipment is generally used material. The Hirer is not entitled to have new material. The Hirer shall receive the equipment in proper working order. By starting up the equipment he rents, the Hirer recognises that it is fit for the intended application. Special requirements such as suitability for manufacturing exposed concrete, for example, may only be taken into consideration if these have already been expressly notified when the Hirer made an enquiry and have been expressly shown in Paschal's offer for a corresponding surcharge.
4.3 The items supplied by us are to be inspected following receipt to verify that they are complete and in proper working order and if necessary complaints are to be made straight away. Subsequent complaints shall not be taken into account. In the event that a complaint is substantiated, the Paschal shall be entitled to have a free repair or replacement supplied and if the Hirer shall be exempt from the obligation to pay the rent attributable to these parts.
4.4 Delivery dates shall only begin to run after all the design details have been clarified. Compliance with any delivery periods which may have been agreed shall assume that the Hirer has fulfilled his contractual obligations. In the event of delay the Hirer shall be entitled to the right to withdraw from the contract subject to the statutory preconditions. Claims for compensation due to delay are – if not exempted as per 4.5 – restricted to one month's rent of the concerned rental property depending on the amount.
4.5 With culpable injury to life, body and health, PASCHAL is liable for defects in the rental property, for fraudulently concealing or guaranteeing the absence of defects, and for rental property defects, provided that liability exists under the Product Liability Act for injury to persons or for material damage to objects in private use. PASCHAL is also liable for culpable infringement of essential contractual obligations to the extent limited to the contractually typical, reasonably foreseeable damage.
Otherwise liability is excluded for mere slight negligence on the part of our representative or agent.
5. The Hirer's liability
5.1 Risk shall pass over to the Hirer when the parts are dispatched and leave our manufacturing works or supply depot, and to be more precise even in those cases in which and in so far as part deliveries are made, or we are also to take over other services as well such as export and transportation. At the express wish of the Hirer, we shall insure a consignment against damage in transit at his expense. In the event of damage in transit the Hirer shall have arrange for the facts of the case to be taken down formally straight away by the body responsible and every thing else necessary to maintain claims against insurers and forwarders. If there is a delay in dispatch as a result of circumstances for which the Hirer is responsible, the risk shall pass over to the Hirer from the date on which the goods are ready for dispatch onwards.
5.2 The Hirer shall be liable for the duration of the hire agreement for handling and storing the rented equipment properly and in compliance with the provisions of the hire agreement. He is likewise liable for damage or destruction caused by accident or by force majeure or by theft in particular. This liability shall also cover outward and return transportation of the material, and to be more precise, even in those cases in which the Hirer has assigned the arrangement of the transport to Paschal. We recommend that
the Hirer takes out insurance against these risks.
5.3 The Hirer may only sub-hire or loan out the rented items to third parties or move the rented items to a location other than that designated in the rental contract with the express written consent of Paschal. If the Hirer has entered into a contract with PASCHAL, this consent shall be regarded as having been granted when we state the end customer's name and the building site in our order confirmation.
Paschal is to be notified straight away in writing with a respective list of materials and the date of relocation if it approves the relocation of equipment to other sites for use. The Hirer is obliged to provide Paschal with information about the location at which the rented materials are to be used and upon request to provide him with access.
5.4 The Hirer shall have to notify Paschal straight away in writing if third parties assert claims against the rented equipment as a result of confiscation, attachment, levy of execution, acts of state, exercising a landlord's lien or similar measures, or if they impair or threaten the title and / or our direct possession of the rented equipment, make an application for composition or bankruptcy proceedings or if such proceedings are instigated, or if an attempt is made to seek a settlement out-of-court, or if he has stopped making his payments. In the event of unjustified third party seizure the Hirer is obliged to inform the third party of the ownership status with regard to the rented equipment.
5.5 The Hirer is obliged to comply with Paschal's assembly instructions, technical documentation and other regulations when using the rented equipment.
These also include interim cleaning between the individual concrete placing inserts and handling them in accordance with the regulations with suitable dividers.
5.6 In the event of withdrawal or non-fulfilment of the contract by the Hirer, Paschal's compensation claims for damages shall be regulated by statutory regulations.
6. Return, Damage, Losses, Permutation
6.1 The Hirer is obliged to return the rented equipment sorted by type and dimensions, bundled and underlaid with timber beams so that they can be unloaded by fork lift. The Hirer shall be charged for unloading costs for return consignments which cannot be handled by forklift if this is proven. The receiving PASCHAL warehouse has to be informed 48 hours in advance about a return shipment by the tenant in order to save the tenant avoidable waiting periods.
6.2 The Hirer must attach a returns note with the return consignment. This must show the number of units identified by the Hirer as well as the PASCHAL case number. Paschal may request from the Hirer a list of the current building sites where rented equipment is located at any time.
6.3 If the return transport has been agreed by PASCHAL, the Hirer shall consequently be obliged to return the rented equipment by type and dimensions and provide them bundled so that they are safe for transportation and load the vehicle straight away themselves. The provisions in Number 6.1 shall apply accordingly. When unloading, the Hirer shall be liable in accordance with the regulations of the German Road Traffic Regulations [StVO]. To keep the cost of returns down the return must be notified at
least three working days in advance prior to the requested collection date by fax and include precise information about the quantities or units of the rented equipment to be collected. The access to the building site must be of sufficient width and paved to provide access for trucks with trailers or articulated lorries a total of 42 tons laden weight
The costs for any waiting time there may be, pointless trips or additional outward trips necessary shall be invoiced to the Hirer. Once a collection has been unsuccessful Paschal is not obliged to undertake another attempt and the return shall be incumbent upon the Hirer alone. In such a case the period of time for which rent must be paid shall be extended until the rented material is received by a PASCHAL store.
6.4 The Hirer is obliged to return the same rented equipment that he received with the rental contract. Otherwise Paschal shall be entitled to demand a replacement or compensation for damages as he chooses. Otherwise Paschal shall be entitled to demand a replacement or compensation for damages as he chooses as long as the term of the rental contract has not ended. Impending handling and transport costs shall be invoiced to the Hirer. Materials returned must not be mixed in terms of rental contracts or building sites.
6.5 In so far as an agreement has not been made to the contrary, the Hirer shall be obliged to return the rented items undamaged, perfectly clean, and in a condition enabling Paschal to hire them out immediately without significant maintenance and repair work. All wear and tear incurred over and above normal proper use shall be regarded as damage. In particular drilled holes, grooves, and concrete vibrator tracks in the sections of formwork facing sections. Items supplied are to be returned in the same
condition, whereby the Hirer must use form release agents proven to be environmentally compatible. Necessary cleaning and repair work carried out will be invoiced to the Hirer in accordance with our customer service and repair price lists and / or hourly rates in force at that time.
6.6 Paschal can not refuse to accept rented equipment which has been cleaned properly He is however at liberty to take delivery of the rented equipment and to allow the Hirer a reasonable period of time for an assessment or / and removal of the defects about which a complaint has been made on Paschal's site. At the unsuccessful end of a granted period of time the Hirer shall recognise the defects about which a complaint has been made and Paschal may invoice the Hirer for them. The term of the contract shall be
extended in applicable until the rented equipment has been returned in perfect condition, until the defect has been recognised by the Hirer or until the end of the of any assessment or implementation period which may have been allowed.
6.7 Damaged rental items which can not be repaired at a reasonable economic outlay (scrap) or which are lost (shortage) shall be invoiced at the list price valid at that time. Provided that the parts were in a used condition at the beginning of the rental period, this shall be taken into account by Paschal, at the amount of the discount for used items in force at that time. Interest shall be invoiced for the duration of the rental contract of the rented items concerned (shortage or scrap) (Costs incurred in expectation of receiving an order), the amount of which shall be equal to Section 3.6.
For the duration of lease of the concerned rental property (shortage or scrap), interest amounting to the statutory default interest will be charged.
7. Purchase from renting
7.1 Paschal is at liberty to offer the rented items to the Hirer for sale. Generally items may only be purchased by the Hirer as long as the rented item concerned has not been handed back to Paschal. A hand-over and sale between Paschal and the Hirer must be expressly regulated and agreed in a contract.
7.2 Prices, and any possible discounts for used items and other there may be, and other terms and conditions shall be supplied to the Hirer upon request and if necessary laid down in a contract of sale.
7.3 Hire invoices shall be due for payment irrespective of any intentions the Hirer may have to purchase the hired items.
7.4 The version of our general terms and conditions of business as may be published from time to time shall apply for rented items which are purchased.
8. Statute of limitation
8.1 All claims by the hirer — for whatever legal reason — become time-barred 12 months after the circumstances giving rise to the claim become known. Instead the legal limitation periods apply with regard to culpable injury to life, body and health, for defects in the rental property, for fraudulently concealing or guaranteeing the absence of defects, provided that liability exists under the Product Liability Act for injury to persons or for material damage to objects in private use. In addition the legal limitation periods apply for claims due to culpable infringement of essential contractual obligations.
8.2 Claims for compensation asserted by the tenant due to alteration or deterioration of the rental property fall under statute of limitation within 12 months starting with the return.
9. Miscellaneous / General
9.1 The place of fulfilment and place of jurisdiction, for legal action based upon cheques and drafts shall either be the local court in Wolfach or the regional court of Offenburg, depending upon the value involved.
9.2 The contract and the legal relationship of the parties shall be governed by German law. The application of the CISG in cross-border transactions is precluded.
9.3 If any individual provisions are invalid, this shall not affect the validity of the contract or of the remaining provisions. Gaps which occur as a result of this or otherwise are to be filled by supplementary interpretation of the contract, and to be more precise in such a way as comes closest to the sought-after objective.
PASCHAL-Werk G. Maier GmbH
Postfach 1120 · 77788 Steinach